NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: aiam4030OpenThomas C. Bielinski, Esq., 33 N. Dearborn Street, Suite 1530, Chicago, IL 60602; Thomas C. Bielinski Esq. 33 N. Dearborn Street Suite 1530 Chicago IL 60602; Re: Bartlett v. Wards Dear Mr. Bielinski: The National Transportation Safety Board has forwarded to us for repl your letter of August 29, 1985, asking for information on standards and other regulations regarding the design and manufacture of mopeds.; This agency, the National Highway Traffic Safety Administration, issue the Federal Motor Vehicle Safety Standards which all motor vehicles must meet upon manufacture and initial sale. 'Moped' is not a defined vehicle category under the safety standards but the defined category of 'motorcycle' covers all two-wheeled vehicles such as mopeds. These standards will be found at Title 49 Code of Federal Regulations Part 571 and the applicability section of each standard (either paragraph S3 or S3) will tell you whether it applies to 'motorcycles'. Standards have been adopted for motorcycle brake hoses, (571.106), lighting, (571.108), mirrors (571.111), vehicle identification number (571.115 and Part 565), brake fluids (571.116), tires (571.119), rims (571.120), braking systems (571.122), controls and displays (571.123) and glazing (571.205). Manufacturers must certify compliance with all applicable Federal motor vehicle safety standards (Part 567).; You will find that sections of some of these standards impose a lesse degree of performance upon 'motor-driven cycles'. These are motorcycles producing 5 horsepower or less, and thus include most mopeds of which we are aware.; The individual States are not preempted from having their own standard for area of performance not covered by Federal standards (for covered areas, however, State standards must be identical), and you may also wish to examine the laws of the jurisdiction in which the moped in your case was licensed or being operated.; A manufacturer is required to file an information statement with th agency within 30 days of commencing production (Part 566). If a vehicle fails to conform to a safety standard or contains a safety related defect, its manufacturer must notify the agency, owners and dealers, and remedy the problem (Part 573 and 577).; I hope that this information is useful to you. Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam3602OpenThe Honorable Bob McEwen, House of Representatives, Washington, DC 20515; The Honorable Bob McEwen House of Representatives Washington DC 20515; Dear Mr. McEwen: This responds to your July 8, 1982, letter to Mr. William Dabaghi o the Department enclosing correspondence from your constituent Mr. Donald M. Robinson. Mr. Robinson would like to know whether Federal regulations prohibit him from purchasing a pickup cab and chassis without the body attached. The answer to his question is no.; The National Highway Traffic Safety Administration only requires tha all vehicles be manufactured in compliance with the applicable motor vehicle safety standards. We have no requirement, nor do we know of any other Federal regulation, that would prevent Mr. Robinson from purchasing just the cab and chassis of a vehicle that he desires. When he adds his own utility body to the cab and chassis, he would become the final-stage vehicle manufacturer and would be required to certify that the completed vehicle complies with all applicable Federal safety standards. I am enclosing copies of the regulations pertinent to such an operation.; If I can be of further assistance to you or Mr. Robinson, pleas contact me.; Sincerely, Diane K. Steed, Administrator |
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ID: aiam3603OpenThe Honorable Bob McEwen, House of Representatives, Washington, DC 20515; The Honorable Bob McEwen House of Representatives Washington DC 20515; Dear Mr. McEwen: This responds to your July 8, 1982, letter to Mr. William Dabaghi o the Department enclosing correspondence from your constituent Mr. Donald M. Robinson. Mr. Robinson would like to know whether Federal regulations prohibit him from purchasing a pickup cab and chassis without the body attached. The answer to his question is no.; The National Highway Traffic Safety Administration only requires tha all vehicles be manufactured in compliance with the applicable motor vehicle safety standards. We have no requirement, nor do we know of any other Federal regulation, that would prevent Mr. Robinson from purchasing just the cab and chassis of a vehicle that he desires. When he adds his own utility body to the cab and chassis, he would become the final-stage vehicle manufacturer and would be required to certify that the completed vehicle complies with all applicable Federal safety standards. I am enclosing copies of the regulations pertinent to such an operation.; If I can be of further assistance to you or Mr. Robinson, pleas contact me.; Sincerely, Diane K. Steed, Administrator |
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ID: aiam4626OpenMr. William G. Kinstler American Flatlight Company 414 Richard Road Rockledge, FL 32955; Mr. William G. Kinstler American Flatlight Company 414 Richard Road Rockledge FL 32955; "Dear Mr. Kinstler: This is in reply to your letter with respect to portable illuminated device, called the 'Flatlight.' You have asked for our review of the advertising brochure that you enclosed, and for copies of any regulations regarding this product. I regret the delay in responding. Your brochure indicates that Flatlight is intended for mounting on the door of a motor vehicle, and connects to the battery by a wire. As shown, it contains a corporate logo, which 'emits a pleasant glow.' The purpose is to readily identify the presence of 'Real Estate Companies and other Sales Agents who need to meet clients at night.' This agency establishes the Federal motor vehicle safety standards that apply to new motor vehicles and motor vehicle equipment. It also establishes regulations pertaining to safety-related defects in motor vehicles and motor vehicle equipment. As Flatlight is advertised almost exclusively for motor vehicle applications (we note a single remark that it can be used for store and window fronts), it is 'motor vehicle equipment' subject to the jurisdiction of this agency. The only Federal motor vehicle safety standard that applies to portable lighting equipment applies only to warning triangles without self-contained energy sources, and thus does not cover the rectangular Flatlight. The Federal lighting standard on lamps, reflective devices, and associated equipment, permits Flatlight to be installed as original equipment (e.g., installed by the dealer on a new vehicle before its delivery to its first purchaser), if it does not impair the effectiveness of lighting equipment required by the standard. It seems unlikely that the 'glow' of a door mounted Flatlight would impair the effectiveness of the required side marker lamps and reflectors, indeed the device might serve more readily to identify the vehicle at night. We surmise, however, that Flatlight is intended for the aftermarket and for installation on vehicles in use. It appears easily transferable from one vehicle to another. Installation of aftermarket motor vehicle equipment is generally permissible under Federal law. However, the installation is prohibited if it is installed by a motor vehicle manufacturer, distributor, dealer or repair business and if such installation renders inoperative, either wholly or partially, equipment installed in accordance with a Federal motor vehicle safety standard. Installation of Flatlight does not appear to present this possibility. Even though Flatlight is not prohibited under Federal law, you must still determine whether it is permissible under the laws of any State in which it may be installed. We are unable to advise you on State law, but recommend that you consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203. Finally, because Flatlight is 'motor vehicle equipment' you, as its manufacturer, must notify purchasers and provide a remedy upon any determination by you or this agency that it contains a defect related to motor vehicle safety. Sincerely, Stephen P. Wood Acting Chief Counsel"; |
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ID: aiam2960OpenMr. Charles J. Calvin, President, Truck Trailer Manufacturers Association, 2430 Pennsylvania Avenue, N.W., Washington, DC 20037; Mr. Charles J. Calvin President Truck Trailer Manufacturers Association 2430 Pennsylvania Avenue N.W. Washington DC 20037; Dear Mr. Calvin: We regret the delay in responding to your April 18, 1978, lette criticizing the National Highway Traffic Safety Administration's (NHTSA) interpretation concerning the responsibility of a manufacturer for ensuring that its vehicles will not be overloaded when transporting materials for which they are designed. In that interpretation, the agency indicated that a vehicle whose tank cargo volume is of such size that it misrepresents the assigned GVWR and GAWR values of that vehicle, thus, inviting overloading might be considered to have a safety related defect. Please permit me to qualify the interpretation in the light of your criticism.; The NHTSA realizes that overloading is a problem created for the mos part by the operator of a vehicle. Accordingly, it is not intended by the agency's interpretation or regulations to hold a vehicle manufacturer responsible for every situation in which a vehicle is overloaded. Most any type truck can be overloaded by the user. An operator should be aware of this possibility, however, given the amount of space on that vehicle on which cargo can be loaded and the broad range of cargo that can be transported by that vehicle. If a truck designed for the transportation of one specific cargo were misused by the operator to transport another type of cargo not intended by the vehicle manufacturer, then any resultant overloading would be the responsibility of the operator not of the manufacturer. However, when a vehicle designed to transport a specific cargo can be overloaded when filled to its capacity with that cargo, the NHTSA has determined this to be a problem created by the vehicle manufacturer and would consider taking action against a manufacturer to correct the problem. This agency's interpretation that a vehicle be able to safely transport its intended design cargo when fully loaded is an objective and unambiguous requirement and simply places the burden upon a manufacturer to ensure that the design cargo does not exceed the GAWR and GVWR.; Specifically we are concerned that a tank of fixed volumetric capacit could be loaded to exceed the vehicle's GAWR and GVWR values when filled with a commodity of design density simply because of the tank being too large.; When there is reason to believe that the density of a cargo likely t be transported could present a vehicle overloading problem, the manufacturer has a duty to provide a warning and information as a precaution in averting the potential hazard. The NHTSA does not object to the practice of partial loading of tankers and tank compartments for remaining within safe loading limits provided guidelines are furnished by manufacturers for performing approved loading operations. Prescribed precautions hopefully will counteract any tendency to perceive volume as the load limiting criterion. We would agree that loading information as contained in your enclosure would be a satisfactory means of conveying safety information and could be referenced on a conspicuous vehicle label.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam2961OpenMr. Charles J. Calvin, President, Truck Trailer Manufacturers Association, 2430 Pennsylvania Avenue, N.W., Washington, DC 20037; Mr. Charles J. Calvin President Truck Trailer Manufacturers Association 2430 Pennsylvania Avenue N.W. Washington DC 20037; Dear Mr. Calvin: We regret the delay in responding to your April 18, 1978, lette criticizing the National Highway Traffic Safety Administration's (NHTSA) interpretation concerning the responsibility of a manufacturer for ensuring that its vehicles will not be overloaded when transporting materials for which they are designed. In that interpretation, the agency indicated that a vehicle whose tank cargo volume is of such size that it misrepresents the assigned GVWR and GAWR values of that vehicle, thus, inviting overloading might be considered to have a safety related defect. Please permit me to qualify the interpretation in the light of your criticism.; The NHTSA realizes that overloading is a problem created for the mos part by the operator of a vehicle. Accordingly, it is not intended by the agency's interpretation or regulations to hold a vehicle manufacturer responsible for every situation in which a vehicle is overloaded. Most any type truck can be overloaded by the user. An operator should be aware of this possibility, however, given the amount of space on that vehicle on which cargo can be loaded and the broad range of cargo that can be transported by that vehicle. If a truck designed for the transportation of one specific cargo were misused by the operator to transport another type of cargo not intended by the vehicle manufacturer, then any resultant overloading would be the responsibility of the operator not of the manufacturer. However, when a vehicle designed to transport a specific cargo can be overloaded when filled to its capacity with that cargo, the NHTSA has determined this to be a problem created by the vehicle manufacturer and would consider taking action against a manufacturer to correct the problem. This agency's interpretation that a vehicle be able to safely transport its intended design cargo when fully loaded is an objective and unambiguous requirement and simply places the burden upon a manufacturer to ensure that the design cargo does not exceed the GAWR and GVWR.; Specifically we are concerned that a tank of fixed volumetric capacit could be loaded to exceed the vehicle's GAWR and GVWR values when filled with a commodity of design density simply because of the tank being too large.; When there is reason to believe that the density of a cargo likely t be transported could present a vehicle overloading problem, the manufacturer has a duty to provide a warning and information as a precaution in averting the potential hazard. The NHTSA does not object to the practice of partial loading of tankers and tank compartments for remaining within safe loading limits provided guidelines are furnished by manufacturers for performing approved loading operations. Prescribed precautions hopefully will counteract any tendency to perceive volume as the load limiting criterion. We would agree that loading information as contained in your enclosure would be a satisfactory means of conveying safety information and could be referenced on a conspicuous vehicle label.; Sincerely, Frank Berndt, Acting Chief Counsel |
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ID: aiam4873OpenMr. Dan P. Strauser Manager - Research and Development Elgin Sweeper Company 1300 W. Bartlett Road P.O. Box 537 Elgin, IL 60121-0537; Mr. Dan P. Strauser Manager - Research and Development Elgin Sweeper Company 1300 W. Bartlett Road P.O. Box 537 Elgin IL 60121-0537; "Dear Mr. Strauser: This responds to your letter of March 25, 199 regarding the applicability of this agency's safety standards to a number of models of Elgin and Ravo street sweepers. In general, all vehicles classified as 'motor vehicles' are subject to safety standards. Section 102(3) of the National Traffic and Motor Vehicle Safety Act (the Act) defines the term 'motor vehicle' as follows: 'Motor vehicle' means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails. Under a longstanding policy, this agency has regarded vehicles not to be 'motor vehicles' within the meaning of the Act and therefore not subject to safety standards, despite their use on the highways, if they (1) have an unusual body configuration which sets the vehicles apart from typical highway traffic and (2) have a maximum speed capability of 20 mph or less. Based upon the literature you provided, the Pelican 'SE' and Pelican 'P' 3-wheel street sweepers appear to meet these criteria. If the advertised speed ('Up to 20 mph') is the maximum speed these vehicles are capable of, these vehicles would not be considered 'motor vehicles' and therefore would not be required to comply with the safety standards. Since the advertised speed of the Whirlwind, Crosswind, and Eagle 4-wheel street sweepers, and the Ravo Model 5000 street sweeper exceeds 20 mph (or the description, i.e., 'legal highway speeds', suggests that the vehicle is capable of exceeding 20 mph), these vehicles would be considered 'motor vehicles.' The information you enclosed on the Ravo Model 4000 street sweeper did not indicate its maximum speed capability. If this vehicle is capable of speeds in excess of 20 mph, it would also be considered a 'motor vehicle.' Street sweepers which are considered to be 'motor vehicles' would be classified as 'trucks' and required to comply with all safety standards applicable to trucks. The Federal motor vehicle safety standards are contained in Title 49 of the Code of Federal Regulations (CFR), Part 571. You may find a copy of 49 CFR Part 571 at a Federal Depository Library in your State. If you so choose, you may purchase a copy of the volume of Title 49 which includes Part 571 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238. I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel"; |
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ID: aiam4385OpenMr. Jackson Decker, Chief Product Engineer, E. E. Etnyre & Company, 200 Jefferson Street, Oregon, IL 61061; Mr. Jackson Decker Chief Product Engineer E. E. Etnyre & Company 200 Jefferson Street Oregon IL 61061; Dear Mr. Decker: This is in reply to your letter of July 30, 1969, to the Federa Highway Administration, that has been referred to this office. In your letter you ask for a yes or no answer to specific questions relative to certification of assemblies completed from chassis-cabs. The answers to your questions follow:; 1. *QUESTION:*>>>'We manufacture bodies that are sold through non-exclusive dealer that sells construction equipment. The dealers sale includes only the body and its mounting on a chassis-cab. The chassis-cab is furnished by the customer and is normally purchased through a second dealer that handles truck sales. The chassis-cab is delivered to our factory for the mounting of the body. Do we supply certification for the completed vehicle?'<<<; *ANSWER:*>>>The answer to your first question is yes, you would suppl certification to the dealer or distributor at the time of delivery of the vehicle.<<<; 2. *QUESTION:*>>>'If the answer to the first question is yes, do w remove the temporary certification label on the chassis cab (367.5), write the chassis-cab vehicle identification number on this and place this in our file as evidence that the vehicle we assemble has been furnished with a certified chassis- cab?'<<<; *ANSWER:*>>>A simple yes or no answer cannot be given to question No 2. The method you use in procuring and retaining information relative to the chassis-cab would be up to you. The procedure you describe, writing the chassis-cab identification numbers on the label and placing same in your file would be considered satisfactory.<<<; 3. *QUESTION:*>>>'With reference to the vehicle identification number paragraph 367.4(g)(4), do we supply only our vehicle identification (or serial) number?'<<<; *ANSWER:*>>>Yes, you would only supply your vehicle identification (o serial) number in accordance with Part 367.4(g)(2) of the regulation.<<<; 4. *QUESTION:*>>>'Paragraph 367.4(g)(2) requires the month and year o manufacture. It further states 'This shall be the time during which work was completed at the place of main assembly of the vehicle.' In a previous response to a letter of ours signed by Mr. F. C. Turner and addressed to Senator Charles Persy (copy enclosed). Mr. Turner stated that a FHWA ruling stated that a completed assemblege (sic) need only conform to the standards that were in effect at the time of completion of the chassis-cab. May we assume that the date we should supply on this requirement will be the month and year of manufacture as stated on the label in paragraph 367.5?'<<<; *ANSWER:*>>>Yes, the month and year of manufacture of the chassis-ca would be used to satisfy the requirements of 367.4(g)(2), month and year of manufacture.<<<; We trust this will clarify the situation for you. Sincerely, Francis Armstrong, Director, Office of Performance Analysis Motor Vehicle Safety Performance Service; |
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ID: aiam3601OpenThe Honorable John Glenn, United States Senator, 200 North High Street, Suite 600, Columbus, OH 43215; The Honorable John Glenn United States Senator 200 North High Street Suite 600 Columbus OH 43215; Dear Senator Glenn: This responds to your July 1, 1982, letter enclosing correspondenc from your constituent Mr. Donald M. Robinson. Mr. Robinson would like to know whether Federal regulations prohibit him from purchasing a pickup cab and chassis without the body attached. The answer to his question is no.; The National Highway Traffic Safety Administration only requires tha all vehicles be manufactured in compliance with the applicable motor vehicle safety standards. We have no requirement, nor do we know of any other Federal regulation, that would prevent Mr. Robinson from purchasing just the cab and chassis of a vehicle that he desires. When he adds his own utility body to the cab and chassis, he would become the final-stage vehicle manufacturer and would be required to certify that the completed vehicle complies with all applicable Federal safety standards. I am enclosing copies of the regulations pertinent to such an operation.*; If I can be of further assistance to you or Mr. Robinson, pleas contact me.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam3600OpenThe Honorable John Glenn, United States Senator, 200 North High Street, Suite 600, Columbus, OH 43215; The Honorable John Glenn United States Senator 200 North High Street Suite 600 Columbus OH 43215; Dear Senator Glenn: This responds to your July 1, 1982, letter enclosing correspondenc from your constituent Mr. Donald M. Robinson. Mr. Robinson would like to know whether Federal regulations prohibit him from purchasing a pickup cab and chassis without the body attached. The answer to his question is no.; The National Highway Traffic Safety Administration only requires tha all vehicles be manufactured in compliance with the applicable motor vehicle safety standards. We have no requirement, nor do we know of any other Federal regulation, that would prevent Mr. Robinson from purchasing just the cab and chassis of a vehicle that he desires. When he adds his own utility body to the cab and chassis, he would become the final-stage vehicle manufacturer and would be required to certify that the completed vehicle complies with all applicable Federal safety standards. I am enclosing copies of the regulations pertinent to such an operation.*; If I can be of further assistance to you or Mr. Robinson, pleas contact me.; Sincerely, Frank Berndt, Chief Counsel |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.